PERAK exco A. Sivanesan said his position as an assemblyman is not affected by the Federal Court’s reinstatement of a RM10,000 penalty against him yesterday.

The state human resources, health and Indian community affairs committee chairman, who is the representative for Sungkai, said the Federal Court’s decision does not fall into the ambit of article 48 (1)(e) of the Federal Constitution on the disqualification of elected representatives.

He said the court’s ruling involved a civil case.

“Article 48 (1)(e) of the Federal Constitution says that if a member of parliament is found guilty of committing a criminal act and is sentenced to two years in prison or fined more than RM2,000, he loses the eligibility to be a representative of the people.

“This case is a decision of the committee of the disciplinary board of advocates and solicitors, not the court, so it is not relevant. Even first-semester law students know this.

“For those who are having fun saying that I will be disqualified… it is only temporary because I did not deceive anyone – where are the criminal charges against me?” Sivanesan told reporters in Ipoh today.

Yesterday the Federal Court reinstated a RM10,000 fine imposed 13 years ago by the advocates and solicitors’ disciplinary board on the former lawyer for professional misconduct.

This followed a decision by a three-member panel comprising Justices Nallini Pathmanathan, Vernon Ong Lam Kiat and Harmindar Singh Dhaliwal to allow appeals by the Malaysian Bar and K. Pathmanathan.

The Malaysian Bar and Pathmanathan were appealing against the verdict of the Court of Appeal, made on December 15 last year, which overturned the High Court’s move to uphold the disciplinary board’s decision.

Sivanesan maintained that the Federal Court’s decision would not affect his position as an assemblyman and state executive councillor.

“If I don’t pay the fine, there is nothing the Bar Council can do to me because all it can do is prevent me from continuing to practise law.

“But I am a state exco, I can decide to completely quit the legal profession. So it has no direct effect on me,” he was quoted as saying. – February 14, 2023.